Fagen, Friedman Fulfrost loses PERB case for Jurupa Unified School District

PERB decision against Jurupa Unifed (represented by Fagen, Friedman, Fulfrost) in the case of Ermine Nelson
See also CTA indemnifies Jurupa Unified (!?!)

STATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD

ERMINE FREDRICA NELSON,
Charging Party,
v.
JURUPA UNIFIED SCHOOL DISTRICT,
Respondent.

UNFAIR PRACTICE
CASE NO. LA-CE-5517-E

PROPOSED DECISION
(3/16/2012)

Appearances: Richard Ackerman, Attorney, for Ermine Fredrica Nelson; Fagen Friedman &Fulfrost, LLP, by Kerrie Taylor, Attorney, for Jurupa Unified School District.
Before Eric J. Cu, Administrative Law Judge.

...[I]t is found that the Jurupa Unified School District (District) violated the Educational Employment Relations Act (Act), Government Code section 3543.5(a). The District violated the Act by informing Ermine Fredrica Nelson that her employment with the District had been terminated effective March 3, 2010 in retaliation for her participation in protected activity.

Pursuant to section 3541.5(c) of the Government Code, it hereby is ORDERED that the District, its governing board and its representatives shall:

A. CEASE AND DESIST FROM:

1. Retaliating against Ermine Fredrica Nelson by inaccurately informing her that her employment with the District had been terminated.

B. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO EFFECTUATE THE POLICIES OF THE ACT:

1. Within ten (10) working days following the date this Decision is no longer subject to appeal, rescind the September 15, 2010 letter issued to Nelson.

2. Within ten (10) workdays of the service of a final decision in this matter, post at all work locations where notices to certificated employees in the District customarily are posted, copies of the Notice attached hereto as an Appendix. The Notice must be signed by an authorized agent of the District, indicating that it will comply with the terms of this Order.

Such posting shall be maintained for a period of thirty (30) consecutive workdays. Reasonable steps shall be taken to ensure that the Notice is not reduced in size, altered, defaced or covered with any other material.